WHEN CAN YOU APPEAL? The local planning authority (LPA) make the planning consent decisions for display advertisements.
In some cases, they refuse permission for displaying an advertisement or a sign on a house or a building.
You may want to appeal a refusal to display advertising if you disagree with the LPA decision. All appeals should get made to your local planning authority.
Note: There is no charge for appealing a consent decision. But, the same person who made the planning application must make the appeal.
The local planning authority send a decision notice about the consent or refusal. There is an appeal deadline to disagree with this type of planning decision. You must make your appeal within 8 weeks of the date written on their decision notice.
Note: The LPA might send you a discontinuation notice. In this case, you would need to make your appeal before the date given on that particular notice.
The LPA need to ‘validate‘ it if you appeal a decision about consent to display an advertisement. Following the validation process you should get a final decision within 27 weeks.
How to Appeal a Refusal to Display Advertising
The first step of the process is making an appeal to the Planning Inspectorate. Applicants must make separate appeals to appeal more than one advertising display decision.
The Planning Inspectorate will help you with the required documentation. But, copies of the appeal and any supporting documents must get sent to the local planning authority.
A list of documented copies you need to submit includes:
- The original application for planning permission.
- The decision notice given by the local planning authority.
- All documents, plans, and drawings sent to the LPA.
- Emails or letters sent to the local planning authority.
- The appeal (if appealing a decision by postal methods).
Submit any other documentation that supports the appeal. This might include the ‘grounds of appeal‘. You can upload these extra documents if you make the appeal online. If not, you should send them by postal methods to the Planning Inspectorate address.
The Planning Inspectorate
Room 3 O/P, Temple Quay House
2 The Square, Temple Quay
Bristol BS1 6PN
Comment on a Planning Appeal
In fact, no-one can comment on the planning appeal about displaying an advertisement or a sign. But, the LPA must inform anyone who commented on the original application that an appeal is lodged. The people who get informed are ‘interested parties‘ of the appeal process.
Note: The LPA must inform any interested parties who are taking part in the appeal within one week of it getting validated by the Planning Inspectorate.
After Appealing against a Refusal
The Planning Inspectorate checks the appeal to ensure it is valid. They will inform you of the next step in the process and how long the appeal is likely to take.
An appeal then goes for consideration by the Planning Inspectorate. As a rule, it takes up to 27 weeks to get the final decision.
Cases of Unreasonable Behaviour
In some cases, unreasonable behaviour by people involved in the appeal may cost you money. An example could be if they missed the deadlines. The applicant can apply to claim planning appeal costs – called an ‘award of costs’. But, applicants can also have costs awarded against them as well.
You can make a complaint using the Planning Inspectorate complaints procedure. This process applies to the way the Planning Inspectorate handled the appeal. No time limit exists for making these types of complaints.
Disputing the Appeal Decision
What if you believe the Planning Inspectorate made a legal mistake? In this case, you can challenge the decision in the High Court. It may be best to seek advice from a lawyer if you choose to pursue this option.